This Terms of Use statement applies only to the web site located at www.InfiniVision.com. This site is owned and operated by InfiniVision Corporation (InfiniVision) and should not be confused with any other web site whether or not the word InfiniVision appears as part of the domain name or branding. You are advised to check each page you visit on or from this web site to determine whether you have left this site and moved onto a third party site.
1. Site Security
You are prohibited from violating, or attempting to violate, the security of this site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the site include without limitation:
| • | logging into, or attempting to log into, a server or account that you are not authorized to access; |
| • | accessing data, or taking any action to obtain data, information or services not intended for you or your use; |
| • | attempting to probe, scan or test the vulnerability of any InfiniVision server, system or network; |
| • | tampering, hacking, modifying or otherwise corrupting or breaching security, encryption or authentication measures; or |
| • | transmitting material that contains viruses, Trojan horses, time bombs, worms, cancelbots, corrupted files or other computer programs, algorithms, routines or engines, or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of this site. |
2. Other Prohibited Activity
In using this site, you must not:
| • | send, post or otherwise transmit to or through this site any unlawful, infringing, harmful, defamatory, harassing, threatening, hateful or otherwise objectionable material of any kind, any material that is invasive of or in breach of another person's privacy or other rights or any material that InfiniVision in its sole discretion does not wish sent, posted or transmitted to or through this site; |
| • | defame, abuse, stalk, harass, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others; |
| • | upload or otherwise make available any files containing images, software, design elements or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do so; |
| • | misrepresent your identity, or affiliations, in any way; |
| • | engage in deceptive online advertising or marketing; |
| • | violate any applicable laws or regulations; or |
| • | assist or permit any persons in engaging in any of the activities described here. |
3. User Submissions
You must exercise reasonable caution, good sense and sound judgment in using the site. You are responsible for any material you send, post or otherwise transmit to or through this site. You agree, represent, and warrant that any information you send, post or otherwise transmit to or through this site is not misleading, and that it is truthful and accurate, offered in good faith, and that you have the right to send, post or otherwise transmit such information. Such information, including, without limitation, data, text, images, graphics, design elements, software, audio, video, or any other materials whatsoever, whether sent or otherwise transmitted privately, or posted publicly, is your sole responsibility.
4. Unsolicited Ideas
InfiniVision does not consider or accept unsolicited ideas of any kind, including, without limitation, ideas for new promotions, products, inventions, technologies or processes. You must not transmit any material to or through this site that you consider to be confidential or proprietary. Any material that you transmit to or through this site will be considered non-confidential and non-proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in the Privacy Policy of this site or separate written agreement between you and InfiniVision, you give InfiniVision an unrestricted, irrevocable, worldwide royalty-free license to use, reproduce, display, publicly perform, transit and distribute such information. Furthermore, you agree that InfiniVision has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) send, post or otherwise transmit to or through this site.
5. Copyright
The material made available on this site is protected by copyright. Unless otherwise explicitly marked, no material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of the copyright owner, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of InfiniVision's copyright and other proprietary rights. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this site except the "home page" (http://www.InfiniVision.com), must be obtained in writing from InfiniVision in advance of any such use. Requests for such authorization should be sent via email to our Legal Affairs Office. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to InfiniVision.
In the event you download software from the site in a manner authorized by InfiniVision, the software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by InfiniVision. InfiniVision does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but InfiniVision retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, make available, disassemble, decompile, reverse engineer or otherwise convert the Software or any portion of the Software to a human-perceivable form, except to the extent permitted by applicable law and upon giving InfiniVision prior written notice of any such activities.
6. Trademarks
InfiniVision® is a registered trademark of InfiniVision Corporation. All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to InfiniVision, or to other companies where so indicated. You are expressly prohibited from reproducing, downloading or otherwise making use of any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
7. Links to Other Web Sites
As you view this site, you may notice links to other non-InfiniVision web sites. These links are for convenience only. Certain of these linked web sites may make use of InfiniVision proprietary intellectual property rights (such as trademarks, service marks, logos, and trade names) under license from InfiniVision. InfiniVision is not responsible for the availability or content of these sites, or for any viruses or other damage-causing components or artifacts that may be encountered in linking to such a third party web site. In addition, providing links to these sites should not be interpreted as any endorsement, or approval, by InfiniVision of the content on such web sites or the organizations sponsoring the sites, or their products or services.
8. Jurisdictional Issues
This site is controlled and operated by InfiniVision from its offices within the State of California, United States of America. InfiniVision makes no representation that materials on the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws are applicable. Access to this site from jurisdictions where the contents of this site are illegal, or penalized in any way, is strictly prohibited.
Software from this site is further subject to United States export controls. No information or software from this site may be downloaded or otherwise re-exported (a) into, or to, a national or resident of any country to which the United States embargoes or sanctions goods, services or technologies; or (b) to anyone on the US Department of the Treasury's list of Specially Designated Nationals (SDN), or on the US Department of Commerce's Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country, and are on any such list.
9. Termination
This agreement remains effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from InfiniVision if in InfiniVision's sole discretion you fail to comply with any term or provision of this agreement, or in InfiniVision's sole discretion, InfiniVision wishes to terminate this agreement for its own convenience. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise.
The provisions of this Terms of Use statement concerning site security, prohibited activity, copyrights, trademarks, user submissions, limitation of liability, disclaimer, indemnity, governing law, and jurisdiction shall survive any termination of this agreement.
10. Disclaimer
The materials on this site are provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, InfiniVision disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. InfiniVision does not warrant that the features or functions contained in any of the materials on this site are, or will be, uninterrupted or error-free, that defects will be corrected, or that this site, or the server or systems that makes it available are free of viruses or other harmful components or artifacts. InfiniVision does not make any representations or warranties regarding the use or the results of the use of the materials on this site in terms of their correctness, accuracy, reliability, suitability or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you in certain jurisdictions.
11. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, under no circumstances, including, but not limited to, negligence, shall InfiniVision be liable for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, any materials on this site, even if InfiniVision or an InfiniVision authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you in certain jurisdictions. In no event shall InfiniVision's total liability to you for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you to InfiniVision, if any, for using this site.
12. Indemnity
You agree to indemnify, defend and hold InfiniVision, its affiliates and any of its and their directors, employees, agents and contractors, harmless from and against any and all claims, losses, damages, costs (including, without limitation, reasonable attorneys' fees) or other expenses that arise directly, or indirectly, out of or from (a) your breach of this agreement; and/or (b) your activities in connection with, or use in any way of, this site.
13. Disclosure (Forward-Looking Statements)
This site may contain forward-looking statements about future events and the future financial performance of InfiniVision or other entities. Words such as "anticipates," "expects," "plans," "intends," "targets," "projects," "believes," "seeks," "estimates," "schedules," "budgets" and any similar expressions are intended to identify such forward-looking statements. These statements are based on management's current expectations, estimates and projections; are not guarantees of future performance; and are subject to certain risks, uncertainties and other factors, some of which are beyond our control and are difficult or impossible to predict. Actual results may differ significantly from results discussed in any such forward-looking statements. You should not place undue reliance on these forward-looking statements. Unless legally required, InfiniVision undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.
14. Real World Data
Where real world data, including but not limited to information forwarded from remote sensors, cameras, reporting agents, or stock market quotes are provided on this web site, such data is provided for information purposes only and is not intended for decision-making or trading purposes. Neither InfiniVision nor any of its data or content providers or communications companies shall be liable for any errors or delays in such data or its representation, or for any actions taken in reliance thereon.
15. Other
As used throughout this site, the term "InfiniVision" and such terms as "the company," "the corporation," "our," "we" and "us" may refer to one or more or all of InfiniVision Corporation's current or previous consolidated subsidiaries or upstream entities. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, each of which manages its own affairs.
As used throughout this site, the term "Client" and such terms as "Customer," "Account," "Purchaser," "Procurer" and "Prime" may refer to one or more direct or indirect customers of InfiniVision Corporation, or its current or previous consolidated subsidiaries or upstream entities, contractors or conduit entities through which products or services were conveyed to the procuring client. All of these terms are used for convenience only and are not intended as a precise designation of any of the separate companies, entities or governments, or their legal or control designations or relationships.
This agreement shall be governed by and construed in accordance with the laws of the State of California, within the United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
16. Changes to Terms of Use statement
InfiniVision may revise this Terms of Use statement at any time without notice. When we do so, we will revise the "Last Updated" date at the top of this page. Although InfiniVision will endeavor to highlight any changes to this Statement, you should revisit this site periodically to make sure you are aware of the most recent terms, because they will be binding upon you. Your use of the site after such changes constitutes your agreement to such changes.
If you have any questions about this Terms of Use statement, please contact Legal Affairs.